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1 SPECIAL ORDINANCE FOR VARIATION, PERMIT OR AMENDMENT OF CODIFIED ORDINANCES OF FREEPORT, ILLINOIS 1. Type of Relief: Special Use Permit 2. Owner or Applicant: Frank Mazzarisi ORDINANCE NO Address or Description: West Galena Avenue, Freeport, Illinois (PIN ) 4. Reporting Agency: Freeport Planning Commission 5. Recommendation and Vote: Approval; 6 in favor (unanimous) 6. Vote of 6 Aldermen required under Section (k) of the Codified Ordinances of the City of Freeport? Yes X No BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREEPORT, ILLINOIS: Section 1. The relief sought by the owner or applicant for the premises described in the heading is hereby granted as follows: Approval of a special use permit under Section (b) The followings uses may be allowed by special use permit in accordance with the provisions of Chapter 1242 (1) Any use which may be allowed as a special use in the B-3 Business District and under Section (b)(10) Restaurants with outdoor serving areas; however, if alcoholic beverages are to be served, such restaurant must be in compliance with Section , per (b)(1) (B-3 Commercial and Wholesale Business District) of Chapter 1252 (Business Districts) of the City of Freeport Codified Ordinances to allow the sale of alcoholic beverages in an outdoor restaurant area in a B-3 Commercial and Wholesale Business District Zoning Classification at the property located at West Galena Avenue, Freeport, Illinois The City Council makes the following Findings of Fact as stated on the attached Exhibit A, which is hereby incorporated by reference as if fully set forth herein. Section 2. Special conditions or provisions are stated on Exhibit B, which is hereby incorporated by reference. SUP Frank Mazzarrisi W. Galena Page 1 of 9

2 Section 3. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law, and is enacted pursuant to the Home Rule Authority of the City under Section 6(a) of Article VII of the Illinois Constitution of This Ordinance is subject to change or amendment in accordance with the regular procedures of the City of Freeport and the owner and the subsequent owners of any property affected by this Ordinance should recognize the right of the City of Freeport in this regard when contemplating any investment or expenditure of money. PASSED BY THE CITY COUNCIL OF THE CITY OF FREEPORT, ILLINOIS this day of, YEAS: NAYS: ABSTAIN: PRESENT: APPROVED BY THE MAYOR OF THE CITY OF FREEPORT, ILLINOIS this day of, Date Published: Date Effective: James L. Gitz, Mayor Attest: Martha Zuravel, City Clerk SUP Frank Mazzarrisi W. Galena Page 2 of 9

3 EXHIBIT A Findings of Fact Date: March 21, 2016 Petitioner: Frank Mazzarisi, West Galena Avenue, Freeport, Illinois Petition: Approval of a special use permit under Section (b) The followings uses may be allowed by special use permit in accordance with the provisions of Chapter 1242 (1) Any use which may be allowed as a special use in the B-3 Business District and under Section (b)(10) Restaurants with outdoor serving areas; however, if alcoholic beverages are to be served, such restaurant must be in compliance with Section , per (b)(1) (B-3 Commercial and Wholesale Business District) of Chapter 1252 (Business Districts) of the City of Freeport Codified Ordinances to allow the sale of alcoholic beverages in an outdoor restaurant area in a B-3 Commercial and Wholesale Business District Zoning Classification at the property located at 1200 West Galena Avenue, Freeport, Illinois 1. The establishment, maintenance or operation of the special use will not be detrimental to, or endanger the public health, safety and general welfare in that there will be adequate trash receptacles in place in the outdoor restaurant area. 2. The establishment, maintenance or operation of the special use will not be detrimental to, or endanger the public health, safety and general welfare in that access to the outdoor restaurant area will accomplished only through the indoor restaurant area, and that the exit gate from the outdoor restaurant area shall provide access outward from the said area only, being passage preclusive. 3. The establishment, maintenance or operation of the special use will not be detrimental to, or endanger the public health, safety and general welfare in that the current exterior lighting in place for the outdoor restaurant area will not be expanded upon. 4. The establishment, maintenance or operation of the special use will not be detrimental to, or endanger the public health, safety and general welfare in that the fence is permanently anchored into the concrete, and the height of the fence enclosing the entire outdoor restaurant area will be raised from three feet to five feet for safety purposes. SUP Frank Mazzarrisi W. Galena Page 3 of 9

4 Exhibit B Special Conditions and Provisions None SUP Frank Mazzarrisi W. Galena Page 4 of 9

5 MINUTES FROM THE REGULAR MEETING OF THE FREEPORT PLANNING COMMISSION TUESDAY, MARCH 15, :00 PM (RESCHEDULED MEETING) Call to Order Chair Staben called the meeting to order at 6:23 PM. Roll call of Commission members present included Jon Staben, Roy Sellers, Nikki Sands, Stephen Lafferty, Tim Davenport. Absent: Phil Copus, Bill Green, Mark Winters Others in attendance: Alexander Mills (Community Development Director), Frank Mazzarisi, Gurvinger Singh, and an additional female attendee with Mr. Singh who neglected to sign the sign-in sheet. Approval of minutes from the meeting held on January 7, 2016 Stephen Lafferty made a motion to approve, Roy Sellers seconded the motion, on a roll call vote, motion carried unanimously (5-0) to approve. Chair Staben advised everyone in attendance the need to sign the attendance list and read the compliance statement regarding no discussion outside the public hearing regarding the petition and conversation outside the hearing by the petitioner. Chair Staben opened the public hearing for the following: A public hearing on a petition by AB Oil Inc. for 1220 West Galena Avenue for a special use permit to allow package liquor sales Director Mills stated the basic facts of the petitioner s application for a special use permit, including current B2-1 zoning, the proposed special use of package liquor sales, compliance with notice requirements, and the provisions within the City of Freeport s zoning code that would allow such a special use to be granted. SUP Frank Mazzarrisi W. Galena Page 5 of 9

6 Mr. Singh spoke briefly on the special use request, with stating the intent of allowing AB Oil Inc. to sell beer & wine at the Mobil Gas Station. Ms. Sands asked the petitioner if other Mobil stations in Freeport currently sell alcohol. Mr. Singh answered yes, that most do. Chair Staben suggested making a finding of fact, based upon testimony by the petitioner, that no consumption of alcohol on premises will occur. Chair Staben asked that the planning commission consider the Lasalle Factors and discuss as related to this special use permit request, as well as future requests. The Lasalle Factors distributed by Mr. Staben to commissioners prior to the meeting in print form are reprinted below: 1. The existing uses and zoning of the nearby property; 2. The extent to which property values are diminished by the particular zoning; 3. The extent to which the destruction of property values of the complaint part benefits the health, safety or general welfare of the public; 4. The relative gain to the public as compared to the hardship imposed on the individual property owner; 5. The suitability of the property for the zoned purpose; 6. The length of time the property has been vacant as zoned, compared to development in the vicinity of the property; 7. The public need for the proposed use; and 8. The thoroughness with which the municipality has planned and zoned its land use. Chair Staben and Ms. Sands stated they both had no concerns with the special use under consideration. Mr. Lafferty made a motion to accept this finding of fact as it did not conflict with and was supported by the considered Lasalle Factors, seconded by Mr. Davenport. No further discussion was held and the motion was approved unanimously (5-0). No further discussion on the petition in general was held. Mr. Davenport made a motion, seconded by Ms. Sands, to approve the petition for a special use permit as submitted. No further discussion was held and the motion was approved unanimously (5-0). Chair Staben stated that the petition will go to the city council with unanimous approval at the March 21 st, 2016 meeting. Director Mills read a statement regarding the petitioner's inability to speak at city council regarding the petition and the prohibition on discussion of the petition and contact with planning commissioners, city council, or the Mayor. SUP Frank Mazzarrisi W. Galena Page 6 of 9

7 A public hearing on a petition by Frank Mazzarisi for West Galena Avenue for a special use permit to allow sales of alcoholic beverages in an outdoor restaurant area Director Mills stated the basic facts of the petitioner s application for a special use permit, including current M-1 zoning, the proposed special use to allow sales of alcoholic beverages in an outdoor restaurant area, compliance with notice requirements, and the provisions within the City of Freeport s zoning code that would allow such a special use to be granted. Director Mills also referenced the City s codified ordinances within the liquor code that address sales of alcoholic beverages in an outdoor restaurant area. Mr. Mazzarisi described the premises itself (Maria s Gaming Lounge) and his desire to have an outdoor area where food and drink can be consumed. He further stated that there were no nearby residences to disturb with noise. Chair Staben noted no member of the public was present to speak for or against his petition. Chair Staben asked if Mr. Mazzarisi owned nearby properties, to which the answer was yes. Chair Staben asked if Mr. Mazzarisi would be installing outside lighting, to which the answer was yes. Chair Staben asked if it wold disturb neighbors. Mr. Mazzarisi described the switch from 1000W halogen lighting to LED lighting, and that existing lighting would be staying in place. Chair Staben asked again if if additional lighting would be installed. Mr. Mazzarisi described that lighting related to a roof type system to be constructed in the future may be installed, but parking lot lighting would remain the same, and no brighter lighting would be added beyond what exists in the outdoor area currently, beyond the localized lighting. Mr. Davenport asked Mr. Mazzarisi if live music events would be held in the outdoor restaurant area, to which the answer was occasionally, possibly, and not regularly. Music events would not be held daily, and no loud music would be played on a daily basis. Mr. Sellers asked Mr. Mazzarisi what the operating hours of the establishment were, to which the answer was 10AM to 2AM on weekends, 10AM to 1AM on weeknights. Chair Staben asked Mr. Mazzarisi if there would be an appropriate number of trash containers in the outdoor restaurant area, to which the answer was yes. Ms. Sands asked Mr. Mazzarisi if smoking was allowed in the outdoor restaurant area, to which the answer was yes, as long as it did not occur within 15 feet of the door. SUP Frank Mazzarrisi W. Galena Page 7 of 9

8 Director Mills stated that the fence gate for the outdoor restaurant area was not currently in compliance with the City ordinances regarding alcoholic beverage sales in such an area in that it did not prevent access into the area from outside the area. He further stated that Mr. Mazzarisi had been made aware of this by the Building Inspector and had received information about hardware to install to make the fence gate come into compliance. Director Mills indicated that Mr. Mazzarisi had communicated his intent to make the necessary changes to the Building Inspector. Chair Staben proposed a finding of fact that access to the outdoor restaurant area be from the building interior only, with the exit from the outdoor restaurant area occurring through an exit-only gate. He further proposed that additional findings of fact be that no loud music would be produced by the outdoor restaurant area, and that appropriate trash containers would be in place. Mr. Davenport questioned whether no loud music being produced would be an accurate finding of fact. Mr. Mazzarisi stated he had been approached about outdoor parties at the establishment with occasional bands playing live music. Chair Staben noted he did not consider regular background music itself to be loud. Mr. Davenport suggested and Ms. Sands concurred that the potential finding of fact regarding no loud music should be removed, with Ms. Sands stated that no would be too restrictive. She asked Mr. Mazzarisi as to what the occupancy of the outdoor restaurant area would be, to which the answer was 40 individuals. Mr. Lafferty suggested that the planning commission not address outdoor music and speakers at all. Director Mills stated that Mr. Mazzarisi had stated previously to him his intent to alter the fence height of the outdoor seating area. Mr. Mazzarisi confirmed this and stated that the surrounding fence height is 5-feet high, rather than the current 3-feet, for reasons of safety as the outdoor restaurant area faces a drop-off on two sides. Mr. Lafferty suggested that a finding of fact be that the existing lighting theme for the outdoor restaurant will be followed and will create no threat to neighbors comfort and will not aggrieved them, since no expansion beyond the current lighting will occur. Further discussion by the planning commission members resulted in the following proposed findings of fact: A first proposed finding of fact was that the will follow the current lighting format and not expand the lighting beyond its current area, and that this would not cause discomfort to neighbors. A second proposed finding of fact was that there will be an adequate number of trash containers to support the service area. SUP Frank Mazzarrisi W. Galena Page 8 of 9

9 A third proposed finding of fact was that access to the outdoor restaurant area will be from the building interior only, with the exit from the outdoor restaurant area occurring through an exit-only fence gate. A fourth proposed finding of fact was that the height of the outdoor restaurant area fence will be 5-feet high on all sides of the area, regardless of ground level and excluding the building, for safety reasons and that the fence also will be permanently anchored into the concrete. Chair Staben stated that there are four proposed findings of fact, and Mr. Sellers made a motion to approve the findings and Ms. Sands seconded the motion. The findings of fact were approved unanimously (5-0). Mr. Lafferty made a motion to approve the special use permit, seconded by Mr. Davenport. No further discussion was held on the special use permit, and the motion passed unanimously (5-0). Chair Staben stated that the planning commission forwards this petition to the city council unanimously (5-0). Ms. Sands moved to close the public hearing and Mr. Lafferty seconded. The motion to close the public hearing passed unanimously (5-0). Chair Staben noted he would not be present at the following Planning Commission meeting April 7 th. Director Mills indicated he had not yet received any petitions for the next meeting, but it was discussed that Mr. Winters as vice-chair would be responsible for running the meeting if one was held. Ms. Sands made a motion to adjourn the meeting, seconded by Mr. Lafferty at 6:53 PM. SUP Frank Mazzarrisi W. Galena Page 9 of 9